As used in this article 50, unless the context otherwise requires:
(1) Behavioral health refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, mental health disorders, serious psychological distress, serious mental disturbance, and suicide and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. Behavioral health also describes service systems that encompass promotion of emotional health and prevention and treatment services for mental health disorders and substance use disorders.
(2) Behavioral health administration or BHA means the behavioral health administration established in section 27-50-102.
(3) Behavioral health disorder means an alcohol use disorder, a mental health disorder, or a substance use disorder.
(4) Behavioral health entity means a facility or provider organization engaged in providing community-based health services, which may include services for a behavioral health disorder but does not include detention and commitment facilities operated by the division of youth services within the department of human services or services provided by a licensed or certified mental health-care provider under the provider's individual professional practice act on the provider's own premises.
(5) Behavioral health program means the specific services and administration of those services by a behavioral health provider.
(6) Behavioral health provider means a recovery community organization as defined in section 27-80-126, a recovery support services organization as defined in section 27-60-108, or a licensed organization or professional providing diagnostic, therapeutic, or psychological services for behavioral health conditions. Behavioral health providers include a residential child care facility, as defined in section 26-6-903 (29), and a federally qualified health center.
(7) Behavioral health safety net provider means comprehensive community behavioral health providers and essential behavioral health safety net providers. A community mental health center pursuant to 42 U.S.C. sec. 300x-2(c) that is licensed as a behavioral health entity may apply to be approved as a comprehensive community behavioral health provider, an essential behavioral health safety net provider, or both.
(8) Behavioral health safety net services means the specific behavioral health services for children, youth, and adults that must be provided statewide pursuant to part 3 of this article 50.
(8.5) Boarding means when a child or youth under twenty-one years of age has been waiting longer than twelve hours to be placed in an appropriate treatment setting after being clinically assessed and determined to be in need of inpatient psychiatric treatment and received a determination from a licensed provider of medical stability without the need for urgent medical assessment or hospitalization for a physical condition.
(9) Commissioner means the commissioner of the behavioral health administration appointed pursuant to section 27-50-103.
(10) Community-based means outside of a hospital, psychiatric hospital, detention and commitment facility operated by the division of youth services within the department of human services, or nursing home.
(11) Comprehensive community behavioral health provider means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and the following behavioral health safety net services, either directly or through formal agreements with behavioral health providers in the community or region:
(a) Emergency and crisis behavioral health services;
(b) Mental health and substance use outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Care management;
(e) Outreach, education, and engagement services;
(f) Mental health and substance use recovery supports;
(g) Repealed.
(h) Outpatient competency restoration; and
(i) Screening, assessment, and diagnosis, including risk assessment, crisis planning, and monitoring to key health indicators.
(11.5) Covered entity means an entity subject to HIPAA.
(12) Department means the department of human services created pursuant to section 26-1-105.
(13) Essential behavioral health safety net provider means a licensed behavioral health entity or behavioral health provider approved by the behavioral health administration to provide care coordination and at least one of the following behavioral health safety net services:
(a) Emergency or crisis behavioral health services;
(b) Behavioral health outpatient services;
(c) Behavioral health high-intensity outpatient services;
(d) Behavioral health residential services;
(e) Withdrawal management services;
(f) Behavioral health inpatient services;
(g) Integrated care services;
(h) Hospital alternatives; or
(i) Additional services that the behavioral health administration determines are necessary in a region or throughout the state.
(13.5) Extended stay means when a child or youth under twenty-one years of age has been waiting longer than seventy-two hours to be discharged from an acute level of inpatient psychiatric care to a less intensive or less restrictive clinically appropriate level of psychiatric care, including a discharge home or to a home-like setting with behavioral health supports.
(13.7) Friends and family input form means a form created pursuant to section 27-50-110 to allow family and friends to provide health or background information about an individual receiving mental health or substance use services.
(14) Health information organization network has the same meaning as defined in section 25-3.5-103 (8.5).
(14.5) HIPAA means the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. secs. 1320d to 1320d-9, as amended.
(15) Mental health disorder means one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior.
(16) Primary prevention means activities and strategies used to intervene before health effects occur through measures that prevent the onset of addiction, delay initial use of alcohol, marijuana, and tobacco, deter the use of illegal drugs, and promote health and wellness.
(17) (a) Priority populations means people who are:
(I) Uninsured, underinsured, medicaid-eligible, publicly insured, or whose income is below thresholds established by the BHA; and
(II) Presenting with acute or chronic behavioral health needs, including but not limited to individuals who have been determined incompetent to stand trial, adults with serious mental illness, and children and youth with serious emotional disturbance.
(b) The BHA shall further identify underserved populations meeting the criteria of subsection (17)(a) of this section for specific prioritization on a regional or statewide basis based on health equity data, including but not limited to people experiencing or at risk of homelessness; children and youth at risk of out-of-home placement and their parents; people involved with the criminal or juvenile justice system; people of color; American Indians; Alaska natives; veterans; people who are pregnant; people who are lesbian, gay, bisexual, transgender, or queer or questioning; and individuals with disabilities as defined by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended. The BHA shall also consider input directly from behavioral health providers that are culturally and linguistically representative of the populations they serve. The BHA shall consider recommendations from the behavioral health administrative services organizations, the advisory council, and regional subcommittees in identifying subpopulations.
(18) (a) State agency means any state department, state office, or state division in Colorado that administers a behavioral health program.
(b) State agency does not include the judicial branch of state government.
(19) State board means the state board of human services created pursuant to section 26-1-107.
(20) Substance use disorder means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.
(21) Substance use disorder program means a program for the detoxification, withdrawal, maintenance, or treatment of a person with a substance use disorder.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1443, � 1, effective July 1. L. 2023: (4), (7), IP(11), and (13) amended and (11)(g) repealed, (HB 23-1236), ch. 206, p. 1056, � 17, effective May 16; (8.5) and (13.5) added, (HB 23-1269), ch. 377, p. 2264, � 4, effective June 5. L. 2024: (11.5), (13.7), and (14.5) added, (HB 24-1217), ch. 264, p. 1737, � 1, effective May 28.
27-50-102. Behavioral health administration - creation - coordination - health oversight agency. (1) There is established in the department of human services the behavioral health administration. Nothing in this subsection (1) precludes any future legislative action taken pursuant to section 27-60-203 (5) regarding the future location of the BHA.
(2) The BHA is charged with creating a coordinated, cohesive, and effective behavioral health system in Colorado. Any state agency that administers a behavioral health program shall collaborate with the BHA to achieve the goals and objectives established by the BHA. In order to ensure regular engagement with other state agencies and to maintain alignment in state programs, resource allocation, priorities, and strategic planning, the commissioner shall chair a regular meeting of the executive directors of state agencies.
(3) For the purpose of overseeing the behavioral health-care system in Colorado and discharging the BHA's duties as described in this article 50, the BHA is a health oversight agency, as defined in 45 CFR 164.501.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1446, � 1, effective July 1. L. 2023: (3) added, (HB 23-1236), ch. 206, p. 1057, � 18, effective May 16.
27-50-103. Behavioral health commissioner - appointment - powers, duties, and functions - subdivisions of the BHA. (1) The governor shall appoint the commissioner, who is the head of the BHA. The commissioner has the full authority, with the governor, to lead and develop the state's vision and strategy for behavioral health for children, youth, and adults.
(2) The commissioner shall:
(a) Be well-versed in behavioral health;
(b) Be registered to vote in Colorado during the commissioner's term of service; and
(c) Have no pecuniary interest, directly or indirectly, in any behavioral health company or agency other than as a behavioral health services recipient.
(3) The commissioner shall ensure that:
(a) Behavioral health programs delivered by state agencies and commercial payers are comprehensive, evidence-based, affordable, high quality, equity-focused, and easily accessible for all Coloradans;
(b) Behavioral health strategies, program priorities, and funding allocations for behavioral health align with the vision set forth by the BHA and the governor; and
(c) There is a streamlined approach to using public money to improve behavioral health across the continuum of care from prevention to recovery.
(4) The commissioner shall engage with the legislative and judicial branches of government to achieve the state's vision for behavioral health.
(5) The commissioner may establish subdivisions, sections, or units necessary for the proper discharge of the powers, duties, and functions of the BHA.
(6) The commissioner shall establish an infrastructure to oversee and be accountable for policy, strategy, and services for children and youth.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1447, � 1, effective July 1.